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HomeMy WebLinkAbout07/06/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting July 6, 2010 — 7:00 p.m. I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Three matters: 1. City of Newport Beach v. Leason, Orange County Superior Court Case No. 2008- 00102565 2. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08- 00457 AG (PLAx) 8. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) B: Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): One matter: Potential litigation regarding NextG application for use of public right - of-way for new telecommunications equipment. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Kenn, Mayor Curry, Council Member Webb, Council MemberGardner Excused: Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Hunt reported that Council will reconvene into Closed Session at the end of the meeting. VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church DG PRESENTATION Parks and Recreation Month Proclamation - Mayor Curry presented the proclamation to Parks, Beaches and Recreation Commission Chair Brown. Chairman Brown thanked Council for the recognition. X. NOTICE TO THE PUBLIC Volume 59 - Page 526 City of Newport Beach City Council Minutes July 6, 2010 XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Webb announced that the Aviation Committee received a presentation from the Orange County Airport and Tom Edwards regarding the proposed DUUKE runway and the new procedures that the FAA is examining. He commended the Recreation and Senior Services staff for a successful Mariner's Park July 4th parade noting that there was more participation this year. Mayor Pro Tern Henn announced that he attended the Barrett - Jackson Auto Auction, Mariner's and Peninsula Point 4th of July parades, and the Police Department briefing on July 4. He stated that a different approach for the 4th of July Holiday was taken this year, reported that arrests were down although there were more visitors, stated that the City will start planning for next year, and thanked the General Services Department, City Manager Kiff, and the Police Department for their hard work. Mayor Curry announced that he toured the future site of the Newport Learning Center, participated in the Police Chief Swearing -In ceremony, provided the key to the City to Tim Toone during Mr. Irrelevant Week, welcomed the military crew from the new USS Gary, and attended the 4th of July Police briefing. He commended staff for hosting a successful Open House for the new Civic Center, thanked the American Legion for allowing him the opportunity to ride in the boat parade, discussed Police staff promotions, and recognized Council Member Webb for being the Grand Marshal in the 38th Annual Independence Day parade. Without objection, Mayor Curry requested that Item 11 be discussed out of order. XVI. CONTINUED BUSINESS 11. GENERAL MUNICIPAL ELECTION - NOVEMBER 2, 2010: ADOPTION OF RESOLUTIONS CALLING THE ELECTION, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENTS, SUBMITTING QUESTIONS FOR PROPOSED CHARTER AMENDMENTS AND ORDINANCE REPEAL; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR TWO CITY MEASURES. [391100 -20101 Mayor Curry discussed the loopholes relative to Proposition 13, stating that the proposed Charter provisions will eliminate Council's authority to raise property taxes without a vote from the residents. In response to Council Member Gardner's question, Utilities Director Murdoch explained that platform oil wells reside on the ocean floor; however, the City has slant drills, which exist on. land, no less than 400 feet from the surface of the ground. Marian Bergeson, Charter Update Commission Chair, expressed support for the revisions, emphasized the importance of the voter's ability to approve tax changes, and expressed appreciation to staff and for Council's support. Rush Hill, Charter Update Commissioner, urged Council to approve the Commission's recommendations, expressed support for omitting Charter Section 1107 and modifying Volume 59 - Page 527 City of Newport Beach City Council Minutes July 6, 2010 Section 1113, urged Council to vote in favor of the resolution, and stated that property owners deserve the complete protection that the State has provided under Propositions 13 and 218. Dennis .O'Neil, Charter Update Commissioner, stated that the Charter Update Commission discussed Charter Section 1107, commended Mayor Curry for his diligence in providing information to protect residents, and urged Council to approve the additional recommendation. Bernie Svalsted commended Mayor Curry for following up on Charter Section 1107, stated that Proposition 13 should not be used as protection for property owners because it can be repealed, and urged Council to approve the recommendations. Richard Luehrs, Charter Update Commissioner, thanked Mayor Curry for his initiative regarding Charter Section 1107. Sherry Pence stated that she presented a letter to the Charter Update Commission regarding Charter Section 1110, expressed concern about raising the formal bid limit threshold to $125,000, and thanked Council for their consideration. W.R. Dildine stated that he attended the Charter Update Commission meetings in which no public input was allowed, believed that the City has done an outstanding job with its informal bid procedures, and expressed concern about the forced account limits. City Clerk Brown clarified that the deadline for submitting the impartial analysis and arguments is Tuesday, July 20, 2010 at 5:00 p.m. and noted that the exhibits will be attached to the resolution that calls the election. City Attorney Hunt indicated that staff has taken the two ballot questions discussed in the staff report and combined them into one question that addresses all of the issues raised by the Charter Update Commission and closes the loopholes relative to Charter Sections 1107 and 1113. He highlighted the recommendations. In response to Council Member Gardner's question, City Manager Kiff stated that the City is not hiring more staff to handle projects and noted that the changes to Section 1110 allows the City to have a more informal bid process. Mayor Pro Tem Henn expressed support for the changes to Charter Sections 1107 and 1113, stated that the City oil wells are not pressure wells and are less likely to have a similar problem that created the BP disaster, noted that the provisions help the City move forward with important environmental goals making it clear that the City will not allow offshore drilling within the City limits, indicated that the City will be reducing the acreage for oil wells to operate in the Banning Ranch area, and expressed support for the streamlining of Civil Service regulations. Mayor Curry thanked the Charter Update Commission for committing their time and indicated that the recommendations will make the City more efficient. Without objection, Mayor Curry was selected to be the lead in the writing of the argument in favor of the ballot measure. Motion by Council Member Gardner seconded by Mayor Pro Tern Henn to adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 2, 2010 pursuant to Section 1000 of the City Charter: a) adopt Volume 59 - Page 528 City of Newport Beach City Council Minutes July 6, 2010 Resolution No. 2010 -76- Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 2, 2010 for the Submission of Proposed Charter Amendments and Ordinance Repeal; b) adopt Resolution No. 2010-77 - Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) adopt Resolution No. 2010 -78- Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 2, 2010; d) adopt Resolution No. 2010-79 - Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis; and e) adopt Resolution No. 2010- 80- Providing for the Filing of Rebuttal Arguments for the One City Measure Submitted to Voters at the General Municipal Election to be Held on Tuesday, November 2, 2010 Pursuant to California Elections Code Section 9285. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle NIL CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JUNE 22, 2010. [100 -20101 Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION S. CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). [100 -20101 Adopt Ordinance No. 2010 -11 approving Code Amendment No. CA2010 -002. 4. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062) - 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE - PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY NO. TS2010 -002 - ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 1/200 SQUARE FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. [100 -20101 Adopt Ordinance No. 2010- 12 approving Planned Community Amendment No. PD2010 -004. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF RESOLUTIONS ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE POLICE ASSOCIATION (PA), POLICE Volume 59 - Page 529 City of Newport Beach City Council Minutes July 6, 2010 MANAGEMENT ASSOCIATION (PMA), AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (ANBOL); AND ADOPTION OF RESOLUTION IMPLEMENTING A CALPERS TIME -IN -GRADE EXCEPTION (C- 2056), (C- 2932), and (C- 2058). [381100 -2010] a) Adopt Resolution No. 2010 -72 adopting the Memorandum of Understanding between the City of Newport Beach and the Police Association, Resolution No. 2010 -73 between the City of Newport Beach and the Police Management Association, and Resolution No. 2010 -74 between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2010 -75 adopting the CalPERS Employer -Paid Member Contribution Time -in- Grade Exception. D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND RESILIENT SURFACE RENOVATION - PHASE 2 - AWARD OF CONTRACT (C- 4494). [381100 -2010] a) Approve the project plans and specifications; b) award Contract No. 4228 to R.E. Shultz Construction for the Total Bid Price of $44,160, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency amount of $6,640, approximately 15% to cover the cost of unforeseen work. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA MARKETING CONCEPTS, INC. FOR RESTAURANT WEEK JANUARY 2011 (C4421). [381100 -2010] Approve and authorize the Mayor and City Clerk to execute the Professional Services Agreement (PSA) for Restaurant Week 2011. with California Marketing Concepts, Inc. (CMC, Inc). 8. CONTRACT RENEWAL WITH LDM ' ASSOCIATES FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2010 -2011 (C- 4335). [381100 -2010] Approve and authorize the Mayor and City Clerk to execute the contract renewal with LDM Associates. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE 24, 2010. [100 -2010] Receive and file written report. 10. APPOINTMENT TO COASTAIJBAY WATER QUALITY CITIZENS' ADVISORY COMMITTEE. [100 -2010] Appoint. Roberta Jorgensen as the designee of District #1 Council Member Mike Henn to the Coastal/Bay Water Quality Citizens' Advisory Committee,.effective immediately. S13. CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS (C- 4067). [381100 -2010] a) Approve the project drawings and specifications; b) award Contract No. 4067 to Paulus Engineering, Inc. for the Total Bid Price of $1,494,784, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $150,000 to cover the cost of unforeseen work. Regarding Item 13 (Central Balboa Water and Sewer Improvements), Mayor Pro Tem Henn expressed gratitude for City staffs commitment in moving forward with the project. Deputy Public Works Director Webb provided a correction to the report, stating that the bid came in 90/0 below the Engineer's estimate instead of 18 %. Volume 59 - Page 580 City of Newport Beach City Council Minutes July 6, 2010 Regarding Item 5 (Memorandum of Understanding with the Police Association, Police Management Association, and Association of Newport Beach Ocean Lifeguards), Mayor Curry stated that Police staff have made significant contributions to their pension costs and expressed appreciation for their efforts to maintain service levels. Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to approve the Consent Calendar, and noting the correction to Item 13. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None )UV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Webb corrected a Daily Pilot article by clarifying that his walks around Newport Beach are also done with his wife, not alone. XV. PUBLIC COMMENTS Matthew Thomas urged Council to adopt an ordinance requiring restaurants to attend Responsible Beverage Serving (RBS) training. Mayor Pro Tem Henn noted that R13S training has been required in the City. City Manager Kiff stated that he will provide a report to Council regarding RBS training at a later date. Laura Dietz, Sunrise Rotary Club, invited residents to attend the Second Annual Lobster Feat on August 1, 2010 at the Newport Beach Waterfront Resort and encouraged residents to visit their website at www .lobsterfestatnewportbeach.com or call (949) 721 -8035 for more information. XVII. CURRENT BUSINESS 12. NEXTG TELECOM PERMITS FOR A DISTRIBUTED ANTENNA SYSTEM . WITHIN THE PUBLIC RIGHT -OF -WAY. 1681100 -20101 Associate Planner Brown provided the history of NextG Telecom, showed a map and photos depicting the proposed locations, discussed applicable ordinances, indicated that the locations are subject to review by Council, recommended that Council deny the first five applications because the new monopoles are not consistent with current City ordinances, and provided information relative to staffs recommendation to approve the proposed installation of antennas at the Marcus Avenue and Santa Ana Avenue locations. She noted that the permits will require approval from the Coastal Commission. In response to Council Member Rosansky's question, Council Member Webb explained that when the power lines are placed underground, the existing antenna will need to be moved to a streetlight or other existing location, and all of the other equipment will be placed underground with the power lines. Carver Chiu, Plancom Incorporated, thanked staff for the time spent on the project, provided information about the services that NextG offers, expressed their Volume 59 - Page 531 City of Newport Beach City Council Minutes July 6, 2010 preference to utilize existing locations, and thanked Council for the opportunity to speak in a public forum. Joe Milone, NextG Networks, stated that Southern California Edison (SCE) does not allow pole extensions on their utility poles because safety standard requirements require separation between communication facilities and power sources. He noted that they can reduce the height of the poles, and indicated that there are financial and technological issues with existing poles. Patrick Ryan, NextG Vice President of Government Relations and Regulatory Affairs, believed that the application does not accurately depict the policy issues that are at stake, noted that not all of their proposals request new poles, indicated that they are proposing to pay for the use of the City's infrastructure, and urged Council to reconsider its existing policy. In response to Council Member Gardner's question, Mr. Ryan stated that the public right -of -way has been designated by the State Legislature to be used by telecommunications facilities and believed that there are no market rates for the use of existing facilities. Steven Kray, President of Cameo Association, read a letter that he sent to Council, believed that monopoles will degrade the beauty of the community, requested that an EIR be conducted, and urged Council to allow the residents more opportunity to weigh in before a decision is made in favor of the poles. Paul Payne expressed support for staffs recommendation and believed that the poles will be an eyesore. Marlin Howe expressed concern about the height of the pole, health issues, declination of property value, public right -of -way obstruction, and the amount of proposed locations. He believed that notices sent to residents should include more information about the proposed antennas. Linda Buckley urged Council to deny the request to place a monopole on East Coast Highway and expressed concerns about the safety of residents. Karen Tringali expressed support for staffs recommendation to deny the application. Dr. Kevin Priestly expressed concern about the health and safety of residents. Mark Herbert expressed concern that one of the proposed monopole locations is 30 feet from his home. Bryan Hopkins expressed concern that there are seven proposed sites and urged Council to deny the application. Linda Primrose expressed concern about the health risks and believed that the poles should not be placed close to residential neighborhoods. Todd .Lewis, Crystal Cove State Park, expressed opposition to the monopoles, stating that they are currently removing existing facilities. He reported on their recent experience with NextG on another existing pole location that has a direct negative impact on the coastal view shed, and encouraged Council to deny the application. Dale Gear stated that one of the proposed poles will be detrimental in preserving the Volume 59 - Page 582 City of Newport Beach City Council Minutes July 6, 2010 historic site and urged Council to deny the application Mr. Ryan asked Council to continue the item to allow time to address issues raised, noted that their facilities are deemed safe because of their low frequency output, emphasized that the initial application was to co- locate on City infrastructure, and believed that their company's request falls within Chapter 15 of the Municipal Code. In response to Council questions, Mr. Ryan stated that they are currently installing underground cables, noted that they will address current traffic impacts with their construction crews, indicated that the company that they provide service for will benefit because it will increase their signal, reported that they plan to bring back more carrier applications at a later date, stated that the antennas have the ability to share carriers, clarified that their proposal is to share revenue with the City, and discussed installation ranges. Mayor Curry reported that the City charges a fee to use existing facilities, but the applicant does not wish to pay it. He took issue with NextG's business approach. He stated that an offer to co- locate on City facilities was presented, but the applicant does not want to pay the fee. He expressed dissatisfaction with letters sent by the applicant to the City. Motion by Council Member Gardner seconded by Mayor Pro Tern Henn to a) deny Telecommunications Permits No. TP2009 -003, TP2009 -004, TP2009 -005, TP2009- 006, TP2009 -007 and the fiber optic network associated with those particular sites; b) approve Telecommunications Permits No. TP2009 -008 and TP2009 -009, with conditions, to allow the installation of wireless telecommunications facilities (telecom facilities) at 3215 (CS) Marcus Avenue and 202 (CS) Santa Ana Avenue and the fiber optic network associated with those particular sites; and c) direct staff to prepare the appropriate resolutions for consideration and adoption at the next City Council Meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XDL ADJOURNMENT - Adjourned at 8:57 p.m. in memory of Claudio Patino IV, reconvened back into Closed Session at 8:57 p.m., and adjourned out of Closed Session at 9:25 p.m. with no reportable action. The agenda for the Regular Meeting was posted on June 80, 2010, at 3:80 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on July 2, 2010, at 11:40 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 533 City of Newport Beach City Council Minutes July 6, 2010 Secretary Mayor 4ivv, P k M%-/ City Clerk Volume 59 - Page 534